                                 CODE OF VIRGINIA

WHEN PROPERTY TO BE TAKEN BY OFFICER; SUMMARY OF EVIDENCE, AFFIDAVITS AND REPORT
TO BE FILED (§ 8.01-114)

A. A proceeding in detinue to recover personal property unlawfully withheld from
the plaintiff may be brought on a warrant or motion for judgment if pretrial
seizure is not sought at the time of filing.
			A petition in detinue for pretrial seizure pursuant to this article may be
filed either to commence the detinue proceeding or may be filed during the
pendency of a detinue proceeding which commenced on a warrant or motion for
judgment. If a petition is filed, it shall:

   1. Describe the kind, quantity and estimated fair market value of the specific
   personal property as to which plaintiff seeks possession;

   2. Describe the basis of the plaintiff&#8217;s claim of entitlement to recover
   the property, with such certainty as will give the adverse party reasonable
   notice of the true nature of the claim and the particulars thereof and, if
   based on a contract to secure the payment of money, the amount due on such
   contract; and

   3. Allege one or more of the grounds mentioned in &#xA7; 8.01-534 and set
   forth specific facts in support of such allegation. Further, if a petition is
   filed, a judge, or a magistrate appointed pursuant to Article 3 (&#xA7;
   19.2-33 et seq.) of Chapter 3 of Title 19.2, may issue an order or other
   process directed to the sheriff or other proper officer, as the case may be,
   commanding him to seize the property for the recovery of which such action or
   warrant is brought, or a specified portion thereof, and deliver same to the
   plaintiff pendente lite under the circumstances hereinafter set forth.

B. The judge or the magistrate may issue such an order or other process in
accordance with the prayer of the petition after an ex parte review of the
petition only upon a determination that: (i) the petition conforms with
subsection A and (ii) there is reasonable cause to believe that the grounds for
detinue seizure described in the petition exist. The plaintiff praying for an
order shall, at the time that he files his petition, pay the proper costs, fees
and taxes, and in the event of his failure to do so, the order shall not be
issued.

C. The judge or magistrate, as the case may be, may receive evidence only in the
form of a sworn petition which shall be filed with the papers in the cause.

D. The order commanding the seizure of property shall be issued and served
together with the form for requesting a hearing on a claim of exemption from
seizure as provided in &#xA7; 8.01-546.1. The order shall be issued and returned
as provided in &#xA7; 8.01-541 and may be issued or executed on any day,
including a Saturday, Sunday or other legal holiday. Service shall be in
accordance with the methods described in &#xA7; 8.01-487.1. The provisions of
&#xA7; 8.01-546.2 shall govern claims for exemption.

HISTORY: Code 1950, § 8-586; 1973, c. 408; 1974, c. 122; 1977, c. 617; 1978, c.
403; 1986, c. 341; 1993, c. 841.